CALIFORNIA EXPANDS ITS ATHLETIC CLAIMS NET

Labor Code Section 3600.5(d)(1) was designed to curtail the rampant filing of claims in California by out-of-state professional athletes. However, the restrictiveness of LC 3600.5(d)(1) was somewhat subdued in ACE v WCAB (Totten )(2018) Cal. Wrk. Comp. LEXIS 106, in which the applicant played for a LA Dodgers minor league team, but never played any actual games within California. Nevertheless, the WCAB determined California had jurisdiction because the applicant was hired, supervised and directly paid by a team that was "California-based". [COMMENT: An important fact is the applicant was actually paid by the Dodgers as oppose to just playing for one of their related minor league teams which are typically independent franchises.]

MEDICAL UNIT REQUIRED TO ISSUE REPLACEMENT PANEL

In Oceanside USD v.WCAB (Orea)(2018) Cal. Wrk. Comp. LEXIS 105 , the Applicant unilaterally scheduled a PQME appointment beyond 90-day frame in violation of Regulations 31.3 and 31.5 which require a written agreement for appointments beyond 90 days. Applicant then objected to the report and requested a new panel over the objection of the defense.

WCAB held that because the parties did not agree in writing to waive the 90-day time frame as required by statute, the report was invalid and the Medical Unit was required to issue a replacement panel.

A VENDORS' DME LIENS ARE DISMISSED BY THE DWC

Steven Howser of Post-Surgical Rehabilitation Specialists was convicted of paying illegal kickbacks to doctors who ordered his durable medical equipment. Howser agreed last month to have dismissed with prejudice all of his filed liens as well as any non-filed bills/liens. As a result of the agreement, the DWC has now procedurally dismissed about 1,000 liens filed on behalf of Post-Surgical Rehabilitation Specialists.